EPA Invokes Executive Privilege In Denying Emissions Waiver In California
By Nicole Belle Friday Jan 18, 2008 1:15pm
I wrote about how the EPA denied a waiver to the state of California so that they could enforce stricter emission controls, so the state sued. Now Sen. Barbara Boxer wants the EPA to explain why they've denied the waiver for the first time in 32 years. And just like every other department in the federal government, they've effectively decided that the legislative branch has no right to oversight and claimed executive privilege in refusing to release the information to Boxer.
Invoking executive privilege, the U.S. Environmental Protection Agency refused to provide lawmakers Friday with a full explanation of why it rejected California's greenhouse gas regulations.
The EPA informed Sen. Barbara Boxer, D-Calif., that many of the documents she had requested contained internal deliberations or attorney-client communications that would not be shared with Congress.
"EPA is concerned about the chilling effect that would occur if agency employees believed their frank and honest opinions and analysis expressed as part of assessing California's waiver request were to be disclosed in a broad setting," EPA Associate Administrator Christopher Bliley wrote.
More than a week after a deadline set by Boxer, the agency gave the Senate Environment and Public Works Committee, which she chairs, a box of papers with large portions of the relevant documents deleted, Boxer said. The documents omitted key details, including a presentation that, according to Senate aides, predicted EPA would lose a lawsuit if it was taken to court for denying California's waiver.
The refusal to provide a full explanation is the latest twist in a congressional investigation into why the EPA denied California permission to impose what would have been the country's toughest greenhouse gas standards on cars, trucks and sport utility vehicles.
Update: Guess who met with automakers just before the EPA denied the waiver. Coincidence, non?
Login or Register to post comments.
It's just downright scary out there.
The good news?
Tomorrow (1/20/08) marks one year until we'll be FREE AT LAST, FREE AT LAST ...
simple. they are part of the movement to favor profits for large companies over the health of the planet or the people. even the EPA. yay for bush-flavored greed and kickback and misprioritized decisions and obfuscation and hiding behind EXECUTIVE PRIVILEGE by our so-called representative government.
Washington state is suing the EPA for the same reason
So Nancy, what was that about Impeachment? Oh ya, it's off the table.
*roll eyes*
frist
The response quoted appears to be evoking attorney-client privilege, not executive privilege--big difference.
What Snore said.
Our longest national nightmare continues.
Is Nanner surprised? She's an idiot. When you cave to the Executive Branch every damn time they tell you to get fucked, what do you expect them to do?
Why is Nancy Pelosi the House Speaker? She would do much better as a dog trainer. She has the credentials and successful experience for that.
That's insanity! The EPA has NO Executive Privilege! They may be retarded and not aware of it but the EPA is NOT the Executive branch of our government!
miss_kitty @ 3:
Sen. Patty Murray (D-WA), Sen. Maria Cantwell (D-WA), and Gov. Christina Gregoire (D-WA) will be crying until their Tammy Faye mascara blackens their face. Then do nothing about it as usual.
You guys are amazing. You are so reactionary. The article is about Barbara Boxer, not Nancy Pelosi. And we wonder why Republicans get away with all the crap the spew.
FYI, Barbara Boxer was one of the few who stood up with Sen Dodd and was against granting imunity to the telecom companies.
As for the substance of the article, another in a long line of "Guess what they did to us today!!" articles. Time to move beyond talking about it folks.
“EPA is concerned about the chilling effect that would occur if agency employees believed their frank and honest opinions and analysis expressed as part of assessing California’s waiver request were to be disclosed in a broad setting
What about the chilling effect on the American people when arbitrary decisions are made in secret with no oversight? And if the analysis was "frank and honest" why are they so afraid to disclose it?
The EPA, looking out for the interests of GM, Ford, Chrysler, and Big Oil since 2000.
Excuse me Christopher Bliley but the thing that is really chilling is that this administration feels it has no responsibility to answer to the citizens of the United States. Shouldn't be surprised though, we all knew that Bush would push every possible situation to further corporation greed as soon as Pelosi uttered her insane statement that impeachment was off the table.
Whoever is elected president has to make government responsible to the people again as their first priority. Eight years of corporate greed sanctioned by Bushco has absolutely ruined this country. I honestly feel that the people of the Soviet Union had a more transparent and honest government than we do now. Yet the Democrats in Congress continue to allow themselves to be marginalized. Wonder how it feels to be an elected official that takes and oath to serve their constituents and protect the Constitution and not be able to do a damn thing other than to cave in to criminals.
Sorry Folks, but your country is SO fukt.
Wow.
The state of California should tell the executive branch that they have no right to evoke executive privilege and enforce the stricter emission standards without the waiver. If it leads to a Constitutional showdown, so be it.
industry ringers and unitary executive theorists on the march
Unbelievable. I think before the meaning of torture, congress should legislate the meaning of executive privilege. Once done, subpeona them, hold them in contempt of congress, use congressional authority to drag their asses into jail and then waterboard 'em while it's still "like swimming".
Seriously, am I mistaken, or does congress have a bunch of power that they are choosing not to use (ie all the above save the waterboarding)?
dmhlt @ 1:
I hate to piss on your parade but 365 days is a long time to put up with these assholes!
SUCH PEOPLE SHOULD NOT BE ALLOWED TO GIVE ADVICE
EPA is concerned about the chilling effect that would occur if agency employees believed their frank and honest opinions and analysis expressed as part of assessing California’s waiver request were to be disclosed in a broad setting,” EPA Associate Administrator Christopher Bliley wrote.
C'mon. When is someone going to standup for the democratic principle of open government? When is someone going to make an example of schmucks like Bliley for talking out of his ass? When is someone going to insist that the people in OUR government are ACCOUNTABLE to the PUBLIC for all of their actions, including their "frank and honest opinions"? If these opinions are CREDIBLE, then there would be no "chilling effect"!!!
So what does Nancy expect? Of course they aren't going to cooperate.
She's like the abused spouse who takes it and takes it and then can't figure out why she continually gets treated like garbage. She is representative of the complete failure of the Democratic-led Congress. I feel bad for California and the rest of the states that are being screwed by the Bush administration on this issue, but how is this even a surprise?
So what's next? Nothing, most likely. Given her past performances, she'll do nothing.
dmhlt @ 1:
you only ASSUME that you will be free of Bush/PNAC/NOCEON rule. i am not yet convinced.
The EPA would lose this really quickly in court, assuming Dems had the stones to take em there.
“EPA is concerned about the chilling effect that would occur if agency employees believed their frank and honest opinions and analysis expressed as part of assessing California’s waiver request were to be disclosed in a broad setting"
They are OUR FUCKING EMPLOYEES, and we don't have a right to know about their job performance?
Fourteen Defining Characteristics of Fascism
# 2. Disdain for the importance of human rights. The regimes themselves viewed human rights as of little value and a hindrance to realizing the objectives of the ruling elite. Through clever use of propaganda, the population was brought to accept these human rights abuses by marginalizing, even demonizing, those being targeted. Its actions were justified under the rubric of protecting “national security,”
Barbara Boxer is my most favored Senator from California. I believe that she would support impeachment when it comes her way.
Nancy is probably thinking that Bush has less than one year to go and she shouldn't worry about it any more. She needs to be reminded that it desn't take one year to cause irreversible destructon and not acting to stop the madness through IMPEACHING the BUSH Regime is a grave mistake and a GROSS NEGLIGENCE. She is failing to realize this has already caused. The change of weather should be a clue. Broken levees and infrastructures caused by mother nature is so telling. What would it take for her to act on these clues? For her vineyard in Napa Valley to go under water? Of her mansion in Pacific Heights in San Francisco the crack? Or the economy to finally collapse caused by failed or inadequate policy or through destructions that follows a Natural Disasters?
BUSH Regime with high batting average of failures, destructions and incompetence. This three strike mean OUT. IMPEACH NOW.
Time for a concerted effort to force Nancy "Bushs' Bitch" Pelosi to get Impeachment proceedings moving.
First woman Speaker of the House--and she blows it (in so many ways......).
Where are our elected leaders when we need them?
Oh yeah, they’re planning their fabulous retirements and eating cake.
i miss the French revolution.
Ah, yes, the "States' Rights" party of the Republicans. I guess states only have the "rights" if they promote the Righties.
And of course this admin hides the reasoning for rejection of California's desire for a waiver. As if government security were at stake for releasing these "secrets". Actually, it's probably more behind-closed-doors meetings between the admin and the oil and auto companies.
Gee, you don't think the average citizen's interests are being thwarted by these decisions, and that is why they won't release their reasons? To keep the torches and pitchforks groups from collecting? Nah, that would never happen with this admin. /sarcasm
Flash @ 12:
Nancy is a nancy. She is the epitomy of the "bend-over" attitude of the democratic majority. The democratic establishment generally does not stick up for the interests of the people who elected them. THIS IS A PERFECT CASE STUDY OF THE "NANCY" DEMOCRATIC CONGRESS.
All the administration has to do is get this thing tied up in courts for 10-11 months. After that, nobody will give a shit about it anymore and the White House dodges another bullet. It would be much more worth while to move forward on cases where we already have developed and pending cases.
Of course, we could also drag some EPA officials in and give them the Doan Treatment. Watching that never gets old.
The is one most outrageous fu*k you the bushies have done yet.
I have said it before, the bush administration is a mafia
I bet shithead cheney met with them.
Why do repukes hate our country, our air, our water, our freedoms, our middle class, our constitutional rights to privacy, freedom of speech, freedom of religion, etc.? Why do they hate all of these things, and still love and worship a mythical old man with a white beard who lives in the sky, and controls every little thing people and living things do and think?
I have to give it to BushCo, their games have made me learn an awful lot about government. I was under the impression that Executive Privelage only applied in regards to the President but it seems as if the Supreme Court has made the decision that it includes members of the Executive Branch. The Executive Branch being any cabinet level agency from what I've been able to find and that would include the EPA. The main point is that the Constitution does not specifically state anything concerning Executive Privelage so California could sue over this. It would probably end up in the Supreme Court and we all know how that would turn out.
I guess since Congress has given up (or never started) fighting BushCo about the best thing we can hope for is a change in decision by a new administration. Another day another game or crime against the country. That leaves at least 365 chances to line their pockets with our tax dollars and I can hardly wait to see the pardon-fest that this clown pulls as he goes out the door.
Seriously, can't we just defy the Federal government and have our emissions standards anyway? By the time the legal wrangling worked itself out, we'll have a Democrat in the White House anyway.
Pursang @ 35:
Damn... I keep forgetting that that has to happen yet. Any ideas on who makes the cut?
1. Scooter Libby
2. Karl Rove
3. Dick Cheney
4. What's his name Addington
So much for the conservative mantra of "states' rights."
I have said it before, the bush administration is a mafia
More like a street gang.
Whatever happened to restoring honor to the White House?
Open government?
Makes you miss Oval Office hummers.
Pursang @ 14:
Let the choir sing Amen.
When the dems re-establishes the three branches of government the repugs will be there to expoilt the truthiness of the Constitution. repugs will probably use the re-established branches as they did in the trivial case of Bill Clinton. More bs.
repugs are the asswipes in the land of no asses
The state of California can sue the EPA in Federal Court. The EPA wilol get its pee-pee whacked.
No one will be safe as long as there's a republican party. Congress won't do anything. Politics is too slow and will only change the mask of the corporate interests that are the real rulers of this country.
Paul @ 42:
The Republicans have convinced Americans that trial lawyers are causing frivolous lawsuits. You know, lawsuits that take on the EPA. Yer run of the mill American repeating the Republican Mantra agrees that those trial lawyers are terrible and are ruining America. Americans also agree that we must repeal that nasty "Death Tax". Right now the death tax doesn't even affect the first $2 million dollars of a persons estate. Tell me, how many Americans have an estate even near $2 million? Damn few. Americans are complete fools and so easily duped by Republicans.
Estate Tax Rates Unified Credit*
2002 50% $1 million
2003 49% $1 million
2004 48% $1.5 million
2005 47% $1.5 million
2006 46% $2 million
2007 45% $2 million
2008 45% $2 million
2009 45% $3.5 million
2010 0% $N/A
2011 55% $675,000
*Amount excluded from the tax
Here is the Republican Propoganda Website concerning the death tax. This was put together by a few multi millionaires in their attempt to feed their greed and continue to accumulate wealth generation after generation to the point that only 10 to 20 families hold all the wealth in America. That is the result of eliminating the so called "Death Tax"
http://www.deathtax.com/deathtax/faq.htm
Oh, I get it. It's all about "States Rights" for Republicans.......unless, of course, the state decides to do something to hurt the profit margin of your campaign donors. Then the government should take the state's rights away.
I'd love to start using the executive privilege excuse in my daily life though. "Why did you eat the doughnut I was saving for later?" "Sorry, executive privilege." "Why did you call in sick on Friday when everyone knew you were going skiing last weekend?" "Sorry, executive privilege. Explaining to you would directly affect the safety of the American people, and you wouldn't want that, would you? Comrade?"
Bananaphone @ 45:
It's simple:
Confederate Flag, Abortion, Slavery, Voting Rights - All States Rights
Environment, Corporate Taxation, Energy Policy - Screw You
If Executive Privilege is being invoked then that means that either the president or vice president is involved. They are the only ones that can claim executive privilege.
Bananaphone @ 45:
That's a good point. Think I'll use it next time someone asks for information from me. Sorry, executive privilege, after all I have my own business and I am the executive officer of that business. Executive privilege... it's easy.
I am waiting for the governors and California and Washington put pressure on the Republican congressmen in those states to speak out, or pledge to support the Dems if the Congress decides to push this particular case. At least this is one case where the Misadministration didn't destroy evidence outright.
The buried lead here is that the Bush Administration's official position is that they cannot do even their routine jobs in full view of the public.
This isn't war deliberation or the investigation of terrorism. This is a routine dispute between a state and a federal agency.
Why should ANYONE be afraid to be frank with their views? What could anyone even hypothetically have to fear?
It appears that we should start referring to it as the Unitary Executive Privilege. After all, it seems to be all encompassing, like a blanket.
My understanding is that the EPA was created by Congress as an independent agency and is not subject to control by the Executive Branch. If so, there is no possible legal argument that it could raise executive privilege. It is obstructing an inquiry by the body that created it, and to which it has a duty to report. Any legal experts out there with the answer?
Don't nobody say nothin bad about Ms. Jenkins.. I mean Ms. Boxer! That woman is like a momma to me! Dick Cheney on the other hand would do well to experience one final episode of heart failure. "Die, Dick, Die!" "Die, Dick, Die!" "Die, Dick, Die!"... Diiiiiiiiiiiiiiiiiiieeeeee Dick!
The Bush administration has been one long coverup.
I can think of no reason why public employees would be concerned about their deliberations being made public unless those deliberations could not stand the chilling test of public scrutiny. And of course, these concerns have far less to do with the empirical analysis of civil servants than with the machinations of political appointees.
nancy pelvicklosi may enjoy being fucked by cheney, but the rest of us
have had enough. cheney has shot us in back, bent us over and waterboarded
the American people for the last time. it's time he was removed by any means.
anyone see the latest re: the EPA wanting to use pesticides in people house's ? , no joke they ( the EPA ) are offering $1000 for allowing them to spray pesticides inside and moniter their children over a 2 year span .
This is going on right now and Barbra Boxer is fighting it , go girl ! .
America is a joke.
A banana republic in the making, with its own set of "drug lords" making their own rules as they go along.
America should go to war with itself. Drop the bomb on the beltway. That is the only way this sick country could make peace with the rest of the world by now...
From the same agency (controlled by the same administration) that declared this air safe to breathe:
http://video.google.com/videoplay?docid=-9137295628446919478&hl=en
Dear bushco:
We're going to do it anyway. The State of California.
Timothy Rose @ 37:
I would say in addition to any Republican politician and contributor that they'll have pardons up for bid on E-Bay. Afterall, Bush has to replenish the old coffers you know. He can't be 100% sure that anyone will want to hear him butcher the English language speechifying so this will be last sure fire money making scheme he may have. Of course he was financially successful running companies in to the ground (who knew you could become rich doing that) so you never know.
Pursang @ 61:
and don't forget the most vile, bush will pardon himself for everything
including spawning two wretched whore daughters.
kerplunk @ 44:
Americans are complete fools
I'm sick of hearing that conversations must be kept secret because if participants thought they'd be made public, they wouldn't be frank and honest. Americans have every right to know what their elected officials are up to. In my opinion, meetings like this ought to be held in public on C-Span. Lawyer/client conversations are one thing, if the client is paying the lawyer. But if the public is paying the lawyer, the public has every right to know what's discussed. My feeling is that if you don't want your comments made public, you are up to no good. I'd like the presidential candidates, and all senatorial and congressional candidates to commit to putting their schedule online. No elected official should be holding official meetings with people without the public being aware.
timmm @ 31:
And this sounds like a RePUGlicon talking and not making too much sense. Pay attention to your little Bush
One more item on a very long list of WTF's. I'm shock proof. Sad, very sad.
Um, I'm a little perplexed by the photo montage above, the two shots to the right of Sen. Boxer were taken in Toronto, specifically the Beare Landfill Gas Power Plant. I understand a bit of narrative visuals, but those photos weren't even taken in the US, so there is very little California, Sen. Boxer, or the EPA can do about the particular problem presented above.
It's just a little bit misleading, IMHO.
i want to wake up. this is a nightmare.
Coupled with Hillary's suspect "51%" win in NV (it's always 51%) especially if it was the renamed Diedbold. They want her so if she's 'elected' (ha) they can beat her to a pulp for 4 years and steal 2012 too. We are so incredibly fucked.
CA and the rest of the nation should take Pelosi herself (hoyer too) off the goddamned table. Sick of hearing this nothing of a lawmaker and her ever-tightening facelifts. Where does she get the time?
You know? We're in such deep deep trouble as a nation revolution is the only answer.
The EPA cannot disclose these discussions. It is a matter of national security and we are at war with everything & everyone, including Californians who support terrorism.
They (Californians) do this by encouraging the use of less gasoline, which leads to unstable states in the Middle East making less money on oil. When that happens, former engineers and geologists turn to Jihadism to vent their frustrations.
It is incredible that so few in this country can see how the EPA is taking the longer world view and protecting our interests now through secret negotiations with oil producing states. Obviously, they can’t discuss these things in public. If they did, the terrorists would adapt.
I agree with cali and the opinion of the author, but the picture at the top is very misleading. It's not a before and after. I assume it was taken from here.
kilgore trout @ 71:
Just called the shop that posted that photo, yeah they are in Cali, but the photo is from the 'net, most likely Toronto.
;)
kilgore trout @ 71:
Called the shop that posted the photo you linked, turns out they ripped it off the web. More likely, it really is a photo of the Beare facility in Toronto.
Go Canada!
They can't reveal those confidential documents because some powerful corporations lobbied them to NOT allow stricter regulations that would cause them to lose money. It's about the money... what a surprise. That's all it's ever about when republicans are in power. Corrupt greedy assholes. They don't give a damn about air quality or clean water.
Why wouldn't anyone in this administration claim executive privilege. What's anyone in congress going to do about it. Nothing... absolutely nothing. Once on a trip across Kansas I counted my wife telling our two little children "I'm not going to tell you again" six times. Guess what? They kept doing what they were doing after each and every warning. I finally pulled over and had a very serious discusion with the children... then they stopped.
Executive Privelege - Anagram - Excretive give up lie
Does the "P" in EPA stand for "protection"? I forget...
Every department of the government that operate under the umbrella of the Executive Branch seems to think that executive privilege seems to apply to them. It does not. It only applies to the Chief Executive of the Executive Branch, aka the President of the United States of America. And it limited in scope as to what is protected. This crooked, criminal administration seems to think that all you have to do is invoke the term executive to get executive privilege. Impeachment is the answer to this grab for power. Impeachment of both the President and Vice-President.
Filthy Harry @ 24:
They won't. WE can hope that the state governments sue, since they have the distance from the Administration needed to be able to think clearly. The Congress seems to forget that the Legislature is equal to the Government and not subordinate to it, but hopefully the states will at least remember their own rights.
They're "concerned" about a "chilling effect." They have feelings about their feelings. That doesn't qualify as an explanation of anything.
Since the Big 3 automakers know what is best for us lowly Americans, how about a coordinated letter writing campaign to GM, Ford and Chrysler along with boycotting the purchase of any of their autos nationwide until either the California waiver is approved? Maybe they'll be grateful to see more people driving vehicles from: Toyota, Honda, Nissan, Hyundai, and Suzuki so the Big 3 don't have to worry about how to make those difficult engineering changes.
If meeting higher CAFE standards is too difficult for them, we should help them by freeing up some of their employees to work on the issue -- no need for increased production, especially when we can't afford the fuel anyhow.
The whole thing sounds to me like a bunch of sleezy lawyers trying to cover their proverbial butts over things they know to be wrong, but doing anyway. Lawyers that willfully act this way should be disbarred and not allowed to practice law.
dadams @ 62:
Great way to move the discussion forward, "dadams". You must be so proud.
this is a joke , right??.....a relative of mine used to work for the EPA (bout a decade ago)..my, my, how times have changed. BTW, brace yourself; this year will be HELL
Easy algorithm for understanding the logic of this administration--"executive privilege"=cover up of criminal conspiracy.
Screw the Detroit auto execs, screw the Bush EPA and screw the oil companies. We've got our Prius and we're damn happy with it. We see them in the parking lots of every place we shop all the time now in our suburb. What's holding the rest of you back? It's evolution, not revolution. This is one area where it's a lot simpler to just go out and _do_ it. Buy an eco-car and demonstrate the advantages to everyone you know instead of trying to rally millions to protest against the corrupt and insane dinosaurs in D.C.
well, the dems have everything they want, don't we?
kerplunk @ 11:
None of those women wears eye makeup, as far as I can tell. And Gregoire has kicked some arse. Now I agree with the assessment of Murray and Cantwell-two peas in a pod with Boeing's best interests at heart. And Murray voted for John Roberts to go to SCOTUS. Unforgivable.
Login or Register to post comments.